Former Samburu Governor Moses Lenolkulal’s attempt to avoid justice in the Ksh84 million corruption case has been thwarted as the High Court refused to compel the Directorate of Public Prosecutions (DPP) to withdraw the charges.
According to Justice Esther Maina, the DPP has discretion and cannot be compelled to withdraw a criminal matter before it is concluded.
“The DPP cannot be compelled to act on a pending criminal matter, and this court cannot intervene and force him to drop the graft case against Lenolkulal.”
The court determines that Lenolkulal has no right granted to the DPP to withdraw the case against him and that such a withdrawal would be discretionary.
“This court can only interfere with the DPP’s discretion if it is demonstrated that the discretion was abused, which was not demonstrated in this case.” As a result, the court declined to grant the requested orders and dismissed the case with costs,” Judge Maina said.
Lenolkulal had applied to the High Court for an order directing the DPP to dismiss his graft case, which is currently being heard before Milimani Anti-Corruption Court Magistrate Thomas Nzioki over the illicit sale of petroleum products to the county government.
The former governor had accused the DPP of bias in determining who should face criminal charges.
He informed the court that the DPP wanted to terminate the case against him late last year but changed his mind.
The action to reverse his decision to abandon the lawsuit against him, according to Lenolkulal, was illegal.
